By Enyichukwu Enemanna
Ahead of the March 18 governorship and state houses of assembly elections, the Federal High Court sitting in Nigeria’s capital, Abuja, has ordered the electoral management body, the Independent National Electoral Commission, (INEC) to allow holders of the Temporary Voter Cards (TVCs) participate in the exercise.
Aggrieved Nigerians had approached the court, seeking an order to use TVCs in the absence of Permanent Voter Cards (PVCs).
The presiding judge, Justice Obiora Egwuatu while ruling on the matter on Thursday, said the plaintiffs were duly registered and captured in INEC’S database, therefore eligible to vote
“An order is made compelling the defendant (INEC) to allow the plaintiffs to vote using their Temporary Voter Cards issued by the defendant, the plaintiffs having been duly captured in the National Register of Voter’s database.
“A declaration is made by this court that the plaintiffs, having fulfilled all necessary legal requirements to register and having consequently been captured in the defendant’s (INEC’s) central database and manual, printed paper-based record or hard copy format of the defendant’s maintained Register of Voters, the plaintiffs are entitled to vote using their Temporary Voter Cards in the forthcoming 2023 General Election,” the judge said.
The judge, however declined the prayer seeking to allow every eligible voter with a TVC to vote, saying the suit was not filed in a representative capacity.
“This suit having not been brought in a representative capacity, I find myself unable to grant any relief pursuant to prayer three of the plaintiffs’ application,” he declared.
The court held that there was no portion of the law, both the 1999 Constitution and the Electoral Act that states that it is only PVCs that could be used, but that the law under Section 47 provided for a voter’s card.
Counsel to the plaintiffs, Victor Opatola in reaction said the judgment was a win for all Nigerians who suffered to get registered to vote, duly registered but due to no fault of theirs could not get their PVCs before the election.
The country on Feb. 25 held presidential and parliamentary elections across the 36 states and the Federal Capital Territory Abuja to produce the incumbent President Muhammadu Buhari’s successor and new set of National Assembly members.
The declaration of Bola Tinubu of the governing All Progressives Congress (APC) winner of the election by the INEC has generated controversy, with the opposition alleging malpractices.
